Common Law Essays (Examples)

Filter results by:

 

View Full Essay

Law Enforcement - Dubious Value

Words: 3012 Length: 11 Pages Document Type: Essay Paper #: 79998387

Moreover, the risks posed by felons with known propensities (or stated intentions) to respond violently to law enforcement apprehension efforts are usually subject to judicially approved no-knock arrest warrants; therefore, they can be excepted from this particular element of analysis.

However, a subject who is forewarned of officers' intention to breach his home's entrance by the amount of time required by knock and announce standards presents the worst case scenario for all involved: he may be insufficiently startled to preclude any response on his part in the manner of a subject who is completely surprised (or fast asleep) at the moment of entry; but he may have just enough time to reach reflexively for stowed or secreted weapon while at the same time being deprived of sufficient reaction time and/or cognitive awareness to perceive the inadvisability of doing so under the circumstances, with deadly results. Stated very simply, a startled…… [Read More]

View Full Essay

Law Terms

Words: 1333 Length: 4 Pages Document Type: Essay Paper #: 59211360

Promissory estoppel is a term in the common law doctrine that is used by courts to implement promises made and consequently relied upon. This law doctrine is usually used when there is no formal contract though the involved parties have acted as if there is such a contract. As courts dictates the terms of how these promises should be implemented, they use this doctrine to enforce contract on the agreement in the interest of fairness. Notably, this doctrine emerges when injustice can be prevented only by the enforcement of a promise that could be unenforceable due to lack of consideration. In most cases, promissory estoppels doctrine is applicable in the context of charitable donations.

When this law doctrine is used, the promisee's reliance is regarded as an adequate and independent basis with which the promise is enforced. As a result, the doctrine can be seen as a legal advice that…… [Read More]

References:

"Accord and Satisfaction." (n.d.). NPC. Retrieved from National Paralegal College website:

 http://nationalparalegal.edu/public_documents/courseware_asp_files/contracts/Consideration/AccordAndSatisfaction.asp 

Coyle, M. (2006, November 27). Damages in Contract Law. Retrieved June 19, 2012, from http://www.lawdit.co.uk/reading_room/room/view_article.asp?name=../articles/Damages%20in%20Contract%20Law.htm

Paul, S. (n.d.). The Problem with Partnerships. Retrieved June 19, 2012, from http://www.legalzoom.com/business-law/corporate-law/problem-partnerships
View Full Essay

Laws and Extra Legal Doctrines

Words: 1160 Length: 4 Pages Document Type: Essay Paper #: 32261946

Rule of Law and Extra-Legal Doctrines

The rule of law does not need to be supported or expanded by "extra-legal" doctrines of morality. The laws as they exist today in this country are based upon a system of morality that has evolved over thousands of years. Our laws embody this system of morality and do not need to be supported by other doctrines of morality. Moral notions of good and bad laws exist to prevent the government from abusing the rights of its citizens. In order for the rule of law to allow a government to exercise power, governments should not execute laws in arbitrary fashion. Those who make and enforce the law are themselves bound to adhere to it. "The legislative department shall never exercise the executive and judicial powers or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the…… [Read More]

View Full Essay

Law and Business When Glenn

Words: 5286 Length: 20 Pages Document Type: Essay Paper #: 17345660

During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the post-Cold War world in which huge populations of refugees migrated from conflict, especially from developing countries (Southeast Asia, China, Afghanistan, Iran, Latin America, South American, Rwanda, etc.).

Part 1.2.1 - Civil Law is a legal system inspired by Ancient Roman law. In Civil law, laws are written into a codified collection that is a group of ideas and systems that work in tandem to help organize societies without the need for judicial interpretation. Overall, civil law is in place to formulate general principles and to distinguish substantive rules from procedural rules, and is based on the tenet that legislation is the primary source of law.

Conceptually, civil law is a group…… [Read More]

View Full Essay

Laws That Cover Employment Discrimination

Words: 736 Length: 2 Pages Document Type: Essay Paper #: 75056220

Under the provisions of Title VII, all employers involved in interstate commerce with more than 15 employees are prohibited from discriminating against their employees on the basis of race, color, religion, sex or national origin. Title VII makes it illegal for employers and labor unions to discriminate in relation to hiring, discharging, compensating, or in providing the terms, the conditions, and privileges of employment.

Actions pursued under Title VII are involved a different course of action from those filed under §1981. §1981 actions can be filed directly in the trial court while Title VII actions must first be filed with the Equal Employment Opportunity Commission (EEOC). This is an informal process, initially, and requires that the aggrieved party meet with an EEOC counselor. The counselor will advise the party of his or her alternatives which include traditional counseling or alternative dispute resolution. The injured party will make a determination as…… [Read More]

References

1964 Civil Rights Act. Pub.L. No. 88-352 (1964).

Civil Rights Act of 1886. U.S. Statutes at Large, Vol. 14:27 (1866).

Friedman, J. (2010). Employment Discrimination: Examples & Explanations. Frederick, MD: Aspen Publishers.

U.S. Const. amend. V.
View Full Essay

Law of Contract Elements of a Contract

Words: 1246 Length: 4 Pages Document Type: Essay Paper #: 88007205

Contract

Elements of a Contract

The Contract: Overview

Fabulous Hotel has engaged my services as an employee (my position being that if head chef) under an employment contract that spans two years. Two years down the line, another hotel could be interested in my services. The problem is; the employment contract cited above has a paragraph that reads as follows:

"The below-signed agrees not to work as a chef for another hotel in the same metropolitan area for a period of two years after leaving our employ."

Of key importance in this case is whether the said contract is enforceable. What are the elements that this particular contract must meet for it to be enforceable? Are there any circumstances where this agreement would be unenforceable? These are some of the issues that will be addressed in the subsequent sections of this text.

Elements of a Valid Contract: Discussion in elation…… [Read More]

References

Miller, R. (2011). Modern Principles of Business Law: Contracts, the UCC, and Business Organizations. Mason, OH: Cengage Learning.

Miller, R. & Jentz, G. (2007). Business Law Today: The Essentials (8th ed.). Mason, OH: Cengage Learning.

Seaquist, G. (2012). Business Law for Managers. San Diego, CA: Bridgepoint Education, Inc.

Twomey, D. & Jennings, M. (2013). Business Law and the Legal Environment (22nd ed.). Mason, OH: Cengage Learning.
View Full Essay

Common vs Statutory Law

Words: 1330 Length: 4 Pages Document Type: Essay Paper #: 32774893

Parental ights

At issue is whether a court ruled the right way when custody rights were assigned to a parent who was, legally, a step-parent. Indeed, the man in question was married to his wife and the wife had a child with another man. Because the biological parent was absent from the situation, the step-father was indeed the "father" based on presence, financial support and so forth. Further, it is noted in the case study that the step-dad treated his step-child with the same deference, respect and care as his twin children, which are both legally and biologically his. The question because whether that entitles him to legal and/or visitation rights.

uling

The step-father was initially awarded both legal rights and visitation. However, the former of those two was later rescinded and he only was given visitation rights in the end. The mother was pressing for the step-father to have…… [Read More]

References

Walston-Dunham, B (2012). Introduction to Law. (Sixth). New York Delmar Cengage Learning.

978-1111311896. File

Tim Tyler (2012). Nailing the Baby Bar: How to Write Essays for the California First Year Law

Student Exam. Practical Step Press. 978-1-9361600-04-4
View Full Essay

Law of International Banking

Words: 6320 Length: 15 Pages Document Type: Essay Paper #: 44268359

Regulation of anks

anks are an important aspect of any modern economy. They provide financing for commercial businesses, access to payment systems and a variety of financial services for the economy as a whole. The integral role that banks play in the national economy is demonstrated by the need for and practice of banking regulation and as part of the lessons learnt from the recent global financial crisis, provides a government safety net to compensate depositors when banks fail thus providing depositor protection.[footnoteRef:1] One of the main reasons why banking regulation is vital is because of systemic risks; the risk that financial difficulties at one or more banks spill over to a large number of other banks or the financial system as a whole. Systemic risks were traditionally bank -- based. ank regulators traditionally focused on systemic risk in the banking sector while securities regulators traditionally focused on investor protection…… [Read More]

Bibliography

Allen, F. And Douglas, G. 2000. Comparing Financial Systems. MIT Press: Cambridge. MA.

Barth, J.R.., Caprio, G. And Levine, R. 2001. "Banking Systems Around the Globe:

Do Regulations and Ownership Affect Performance and Stability?" In Prudential Supervision: What Works and What Doesn't, ed. Frederic S. Mishkin. University of Chicago Press: Chicago, IL.

Boyd, J.H., Chun, C. And Smith, B.D. 1998. Moral Hazard Under Commercial and Universal Banking. Journal of Money, Credit, and Banking. 30: 426-468.
View Full Essay

Law Help Protect the Environment and What

Words: 2725 Length: 10 Pages Document Type: Essay Paper #: 96804056

law help protect the environment and what steps can citizens take to ensure that the law accomplishes this goal?

Protection of the environment is important for our health, but humans affect the system through various means such as through polluting water and atmosphere with toxic gasses, with oil, with car fuels, and with debris that is plunked into the waters as well as depleting the fisheries and filling the air with smog and the earth with pollution.

It is for this reason that legislation is put into effect to curb our destruction and to teach us how to look after the environment in better ways. The state employs its own regulations, but it needs a synthesis of both state, business and citizen involvement to safeguard the environment, and motivation from both business and citizen is not always forthcoming. The following essay discusses policies that have been implemented to help protect…… [Read More]

References

Amos, W. (2011) Development of Canadian Arctic Offshore Oil and Gas Drilling: Lessons from the Gulf of Mexico RECIEL 20 (1)

British Columbia v. Canadian Forest Products Ltd., [2004] 2 S.C.R. 74, 2004 SCC 38

Bruce, JP (2011) Protecting Groundwater: The Invisible but Vital Resource C.D. Howe Institute

DeMarco, Jerry V;Valiante, Marcia;Bowden, Marie-Ann (2005) Opening the Door for Common Law Environmental Protection in Canada Journal of Environmental Law and Practice 15, 2
View Full Essay

Law Enforcement and Corrections

Words: 1720 Length: 4 Pages Document Type: Essay Paper #: 38804912

Law enforcement and corrections can be influenced by several external threats. These consist of external communication gaps and many environmental influences. One of the key external threats that impacts both corrections and law enforcement is politics. In delineation, politics is the art of wielding one's authority and power over the government or public affairs. In particular, political action can give rise to the imposition of one's interests within the government, in positions of leadership within the government, with regard to the control over resources, as well as in terms of holding government office. Politics influence law enforcement and corrections by impacting the individuals that will hold different positions in criminal justice, for instance the police, judges, prosecutors as well as correctional executives. Law enforcement, administration, and corrections are linked with politics on various extents and levels. Prevailing political philosophy and ideology influence the structure, organization, as well as anticipation of…… [Read More]

View Full Essay

Law in Ancient Times Comparison

Words: 2944 Length: 8 Pages Document Type: Essay Paper #: 44453630



If the purpose of law is to maintain the order of society yielding the best possible circumstance for each individual man, woman, and child, then the argument arises as to whether such direct revenge is actually conducive to preventing further disorders. Revenge can easily run in endless cycles, and fear of punishment may not in and of itself be any deterrent at all, in particular if the act which is to be punished was committed in the heat of passion or without premeditation. Philosophers of law and ethics have long discussed the precise nature of the divine code that was given to Moses. On a fundamental level, there exists the question as to whether these laws are immutable expressions of an unchanging natural order such as has always existed, or whether these Mosaic laws represent merely the decrees of God that are applicable to a particular, time, place, or situation.…… [Read More]

Bibliography

http://www.questia.com/PM.qst?a=o&d=58992717

Dalley, Stephanie, a.T. Reyes, David Pingree, Alison Salvesen, and Henrietta McCall. The Legacy of Mesopotamia. Edited by Stephanie Dalley. Oxford: Oxford University Press, 1998.

A www.questia.com/PM.qst?a=o&d=106890738

Del Testa, David W., ed. Government Leaders, Military Rulers, and Political Activists. Westport, CT: Oryx Press, 2001.
View Full Essay

Laws Governing Business Entities Laws Governing Business

Words: 1940 Length: 4 Pages Document Type: Essay Paper #: 34619310

Laws Governing Business Entities

Laws Governing Business Organizations

Every business organization in a developed market is governed by laws, which are rather closely monitored to ensure the good fairing of the organization in the business market. Such laws provide for the standard form of the generally established legal entities in the worldwide economy. Such defined entities include, partnerships (general and limited), Limited Liability Company, cooperatives among others. This document outlines such laws and consequently defines their importance in performance of any organization or company established in a stable and developed business economy.

Organization By-laws

laws of most companies and organizations are articulated as below. This list provided below generalizes what is common and basic to most of the organizations or rather legal entities.

Every business organization should specify its official name to ensure proper identification with the concerned legal authorities. Each company has its own specific name, which is considered…… [Read More]

References

Anders J. Persson. The Contract of Employment: Ethical Dimensions. Journal of Business Ethics, vol. 66, No. 4 (July, 2006), pp 407 -- 415.

Charles R. Geer. Counter cynical Hiring as a Staffing Strategy for Managerial and Professional Personnel: Some Considerations and Issues. The Academy of Management Review, Vol. 9, No. 2, (Apr., 1984), pp. 324 -- 330.

David E. Bowen, Gerald E. Ledford, Barry R. Nathan. Hiring for the organization not the job; The Executive, Vol. 5, No. 4 (November 1991), pp 35 -- 51.

Douglas Smith, Smith (1999). Company Law. United Kingdom: Taylor & Francis.
View Full Essay

Law Comm Tech Innovations in Database Communication

Words: 1963 Length: 7 Pages Document Type: Essay Paper #: 83386894

law comm. tech

Innovations in Database Communication Technologies for Law Enforcement

The proliferation of computer, digital and web technology have all had a significant impact on how civil and public administration functions are performed. The ability to engage in real-time communication through an array of media, the opportunity to access enormous databases of information from the field and the capacity to capture sound, video, photo and other data all have enhanced productivity, efficiency and sophistication in many fields of great sociological importance. Certainly, few functions of public administration are more important than law enforcement and the administration of justice. Here, we consider some of the technological innovations in computer databasing that have had a direct impact on the way that police officers perform their job responsibilities with a specific focus on the enhanced communication opportunities emerging in the field.

Mobile Data Terminals and Facial Recognition:

Both Mobile Data Terminals and…… [Read More]

Works Cited:

Cedres, D. (1997). Mobile data terminals and random license plate checks: the need for uniform guidelines and a reasonable suspicion requirement. All Business.

Hess, E. (2010). Facial Recognition: A Valuable Tool for Law Enforcement. Forensic Magazine.

Monopoli, D.M. (1996). Mobile Data Terminals: Past, Present and Future. National Criminal Justice Reference System.

Wallace, H., & Roberson, C. (2009). Written and interpersonal communication: Methods for law enforcement (4th ed.). Upper Saddle River, NJ: Pearson Prentice Hall.
View Full Essay

Laws Relating to Different Businesses Laws Related

Words: 733 Length: 2 Pages Document Type: Essay Paper #: 719988

Laws elating to Different Businesses

Laws elated to Different Businesses

Entrepreneurship is the hallmark of the U.S. economy and more people are starting their own ventures today than ever before. While starting a business, one of the most overlooked aspect is the laws and legal requirements. A good amount of time and effort should be spent on understanding and implementing these related laws because they will make the operations and expansion easy in the future.

Federal, State and Local Agencies

The exact agencies and laws that govern your business depend upon its nature. Starting a pizza business comes with permits and licenses from different health agencies. The local health department of your city or county is responsible for issuing a permit, requesting an inspection or filing a complaint. Your business also needs a business license or tax permit from the city or county revenue department (SBA, 2011). For a web…… [Read More]

References

Frank, George. (2002, April 22-23). Key Licensing Issues and Trends for the Pharmaceutical and Biotech Industries. Conference on Biotechnology and Pharmaceuticals. Retrieved from: http://docs.google.com/viewer?a=v&q=cache:XRVTXoabka8J:www.drinkerbiddle.com/files/Publication/4f485da1-8d61-4255-b8bf-66ed67ed1455/Presentation/PublicationAttachment/1d83db93-089b-42de-89c4-9a0d71e0b809/Frank_Biotech.pdf+biotech+companies+permits&hl=en&gl=us&pid=bl&srcid=ADGEEShzymQTXBq9DrOHEgDrxdEllLh1EuRTGyMuuoaJ2MY88w-MS2Hfp1ptzO7d1Zdq0g_IORTkr61rg2Ys4n3dJwlAKN72a4ENcofXITT53ZwX-LxWjwspDD2BysdX5mYOpZSLJrTi&sig=AHIEtbQmggcJf3q55hJM95Tr8nV_P3tsAA

SBA. (2011). Small Business Administration. Retrieved from: www.sba.gov

Roth, Mollie. (2007). Personalized Medicine: Using effective partnering for managing the risk of legal liability. Personalized Medicine. Vol 4(3). pp 329-339.
View Full Essay

Laws of Power Win Through

Words: 2061 Length: 5 Pages Document Type: Essay Paper #: 62269819

This created silent enemies whose sole purpose is to make that person look like a complete and total loser. Therefore, restoring the balance that was lost and feeling better about them while you are left feeling degraded and humiliated about what happened. On the other hand, the lesson is often learned the hard way and one can see that it does not pay often times to stick out in the crowd. There are those that thrive in the monotony of it all being predictable. If one follows the leader than no harm can come to them and balance is once again restored. It never works trying to appear better than those that you seek support from, they end up feeling as if you only want their support because you in fact think in some way you are better than they are. This is a sure way to keep people from…… [Read More]

View Full Essay

Law Enforcement Group Productivity as

Words: 1252 Length: 3 Pages Document Type: Essay Paper #: 28116313

Second, I would look at whether I had provided my subordinates with a common purpose, and whether I had taken the time to explain that purpose to my subordinates. Third, I would determine whether I had ensured that my subordinates understood priorities, both my priorities and the priorities of my superiors. Fourth, I would examine my methods of confliction resolution to determine whether I had been using a win-win method of conflict resolution or if I had been adhering to older, punitive means of conflict resolution. Fifth, I would examine my policy towards my subordinates; did I listen to them when they came to me with problems, or did I try to offer solutions without really hearing what they had to say. Sixth, I would look at what I had done to promote synergy; whether I had done anything to actively encourage community cooperation with my organization. Finally, I would…… [Read More]

Works Cited

Franklin Covey. "The 7 Habits of Highly Effective People for Law Enforcement." Franklin

Covey.com. 2007. Franklin Covey. 3 Aug. 2008 http://www.franklincovey.com/lawenforcement/7H%20FOR%20LAW%20ENFORCEMENT%20FLYER.PDF.

Harris, John. "Picking and Keeping Law Enforcement and Corrections Officers in Florida."

Florida Department of Law Enforcement. 2008. Florida Department of Law Enforcement. 3 Aug. 2008 http://www.fdle.state.fl.us/FCJEI/SLP%20papers/Harris,%20J.pdf.
View Full Essay

Law Enforcement Communications Interoperability of Emergency Service

Words: 621 Length: 2 Pages Document Type: Essay Paper #: 3577156

Law Enforcement Communications

Interoperability of Emergency Service Communications

The number and scope of each individual emergency and public safety agency has resulted in an ad hoc patchwork of communication equipment. Routine daily needs within one agency for clear and concise communication fall short of readiness for large-scale emergencies involving either multiple services or jurisdictions. The current budgeting autonomy of each public service department has resulted in a many agencies with antiquated equipment, while others posses more modern tools, that may sufficiently serve current needs, yet is clearly inadequate for more common emergencies like large fires or traffic pile ups. However, interoperability, the capability to communicate across different gear, radio frequencies, and standardization, both limits and delays the response time, as well as effectiveness, of each individual. hen emergencies entail injuries and danger, timely command and communication of resources may be the difference between life and death.

The video, "hy Can't…… [Read More]

Works Cited

U.S. Dept. Of Justice. (n.d.). Why Can't We Talk? When Lives Are At Stake. Retrieved 26 Oct., 2012, from Google Videos Web site: http://video.google.com/videoplay?docid=-6455322945171664950&hl=en
View Full Essay

Law Enforcement How Technology Is

Words: 2126 Length: 8 Pages Document Type: Essay Paper #: 92113740

"After September 2001 law enforcement agencies realized the potential devastation and chaos an act of terrorism can cause. The Council was created to improve the ability of the Police Department to respond to a situation and educate the Department and the community." (ichmond Police Department, 2004)

Police departments have had to become terrorist experts. The Homeland Security Terrorism Advisory Council for example is a collaboration of sworn officers and civilian employees with diverse backgrounds. Many of these members are or were leading members of specially trained units or have extensive training in SWAT, bomb technology, military assault, hazmat crime analysis, international terrorism intelligence, strategic planning and many other legal units such as basic attorneys. Through technology and experience, the Homeland Security Terrorism Advisory Council should be able to identify, acquire, plan, and advise on terroristic crisis. With this knowledge base the unit should be able to therefore anticipate, prevent, and…… [Read More]

References

Boyd, David G. (1995). On the cutting edge: law enforcement technology. The FBI Law Enforcement Bulletin, 7/1/1995.

Dempsey, Tom, Department of Government and Public Affairs, & Newport News. (1997, November 1). Computer Communications Technology Facilitates Law Enforcement. Retrieved September 16, 2004, at http://www.iacptechnology.org/Library/ComputerTraining.htm

Division of Emergency Communications. (n.d.). Captain Linda Samuel. Retrieved September 16, 2004, at http://www.ci.richmond.va.us/department/police/Chief/pdxxs_DEC.asp

Richmond Police Department. (n.d.). Richmond Police Department. Retrieved September 16, 2004, at http://www.richmondgov.com/department/police/pdxxi_index.asp
View Full Essay

U S Laws Americans Have Been Gathering Together

Words: 1072 Length: 3 Pages Document Type: Essay Paper #: 63120622

U.S. Laws

Americans have been gathering together to make laws since the colonial times. This process is continued today in order to maintain a well-regulated society. Even though specific procedures for creating law have developed over time, democratic law-making remains marked by a necessitate to have the approval of the people, a system of checks and balances, and public policy elasticity matched to the problems of time and place (Bakken, n.d.).

This everyday law-making process is part of a historical development that is English in origin. When English colonists in colonial America put into practice the law-making heritage that they brought with them, they made definite changes to suit their new surroundings. The King of England granted charters to individual landowners and joint stock companies of entrepreneurs for the various colonies affording varying degrees of law-making power, but all English colonists had law without current charters and colonial statutes. They…… [Read More]

References

Bakken, G.M. (n.d.). The Creation of Law in a Democratic Society. Retrieved from  http://www.ait.org.tw/infousa/zhtw/DOCS/Demopaper/dmpaper5.html 

Common Law. (2012). Retrieved from  http://www.answers.com/topic/common-law 

Description and History of Common Law. (n.d.). Retrieved from http://www.radford.edu/~junnever/law/commonlaw.htm
View Full Essay

Criminal Laws in the United States Are

Words: 964 Length: 3 Pages Document Type: Essay Paper #: 20430734

Criminal laws in the United States are largely and totally considered as the result of the constitutional authority and legislative bodies that enact them. The American constitution normally provides the basis for the development of legislative agencies that are empowered to criminal and other legislations. For instance, the country's constitution has established the Congress and provides it with the power to make laws. The importance of the Constitution to the substantive criminal law is evident from the fact that it establishes limits on the definitions of crime. In most cases, the criminal laws of specific states and federal governments as well as the definition of crimes and their respective penalties are found in the penal codes of every jurisdiction. The establishment of criminal legislations in the United States has evolved through the years and is based on several fundamental principles.

Creation of Laws in the United States:

Most of the…… [Read More]

References:

"History of American Law." (n.d.). Historyoflaw.info. Retrieved March 19, 2012, from  http://www.historyoflaw.info/history-of-american-law.html 

Kelly, M. (n.d.). Early Development of the United States Court System. Retrieved March 19,

2012, from http://americanhistory.about.com/od/judicialbranch/a/Early-Development-Of-The-United-States-Court-System.htm

"Lawmaking in the United States." (n.d.). UIC -- University Library. Retrieved from University
View Full Essay

Legal Traditions in American Law

Words: 852 Length: 2 Pages Document Type: Essay Paper #: 94874802

Common-law judges rely on their predecessors' decisions of actual controversies, rather than on abstract codes or texts, to guide them in applying the law" (Common law, 2008, law library). The law evolves with custom and interpretation, rather than remains fixed in stone.

Common law may be contrasted with civil law, which predominates in France and has had less influence on the law of the United States, except in Louisiana. Louisiana judges, unlike their common-law counterparts, are not bound to consider judicial precedent first, but may do so as an option. France exported the system of civil law to America when it established Louisiana as a colony in 1712. Even today, "the first article of the Louisiana Civil Code reads: 'The sources of law are legislation and custom' (LA C.C. Art. 1). This means that judges in Louisiana are obligated to look first to written laws for guidance in reaching their…… [Read More]

Works Cited

Civil law. (2008). The Law Library. Retrieved 8 Nov 2008 at  http://law.jrank.org/pages/5235/Civil-Law.html 

Common law. (2008). The Law Library. Retrieved 8 Nov 2008 at  http://law.jrank.org/pages/5444/Common-Law.html 

English law. (2008). The Law Library. Retrieved 8 Nov 2008 at  http://law.jrank.org/pages/6486/English-Law.html 

Roman law. (2008). The Law Library. Retrieved 8 Nov 2008 at  http://law.jrank.org/pages/9916/Roman-Law.html
View Full Essay

Company Law the Functions of Company Law

Words: 2252 Length: 7 Pages Document Type: Essay Paper #: 58462306

Company Law

The functions of company law

What is covered in the company law?

The legal implications of 'pre-registration contracts'

The Australian corporate law has seen major reforms in the last couple of years (Tomasic, Bottomley & McQueen,2002). For instance, section 131 of the Corporations Act 2001 dealing with pre-registration contracts is no-longer necessary. This is clearly illustrated by the lack of reported cases since the introduction of provisions for pre-registration contracts into the legislation. The provisions may have been relevant, even important, in a time when there were no shelf companies and we did not have the technology we have today. As this is no-longer the case it is time we simply reverted back to the common law on pre-registration contracts. The common law would make it simpler for the promoter, the company and the third party when making contracts let alone on matters of contractual liability. The purpose…… [Read More]

References

Anderson C, Dickfos J, Nehme M, Hyland M, Dahdal A,(2009) Corporations Law - Butterworths Focus Series, 3rd Edition Butterworths, Sydney 2009

Austin R.P. & Ramsay, I.,(2010) Ford's Principles of Corporations Law, Butterworths, Australia, 14th edition, 2010.

Baxt, R., and Fletcher, K.L., Fridman, S.,(2008) Corporations and Associations Cases and Materials on, Butterworths, Australia, 10th edition, 2008.

Boonzaier, MA (2010). Pre-incorporation contracts and the liability of the promoters. University of Pretoria.-
View Full Essay

Stand Your Ground Law 'Stand Your Ground'

Words: 1203 Length: 4 Pages Document Type: Essay Paper #: 47614641

Stand Your Ground Law

'Stand your ground' laws

To inform

tand your ground' laws are extremely controversial pieces of legislation.

Attention-getter: 'A man's home is his castle.' How often have we heard this phrase? This concept is at the foundation of the right to defend yourself by using deadly force against an intruder who invades your home. However, recent laws have expanded the 'castle doctrine' and other, existing self-defense laws. Many of these new laws are called 'stand your ground' laws, the most liberal of which exists in Florida.

It is important to gain a historical perspective on 'stand your ground' laws to understand the controversy

tand your ground' laws are extremely polarizing pieces of legislation.

Credibility statement:

My interest in this topic arose during the George Zimmerman murder trial, in which Zimmerman (a member of a neighborhood watch) was accused of killing an unarmed teenager named Trayvon Martin.

Zimmerman…… [Read More]

References

Block, M. (2012). A history of 'stand your ground' laws. NPR. Retrieved from:

http://www.npr.org/2012/03/20/149014228/a-history-of-stand-your-ground-law-in-florida

Botelho, G. & Yan, H. (2013). George Zimmerman found not guilty of murder in Trayvon

Martin's death. CNN. Retrieved:  http://www.cnn.com/2013/07/13/justice/zimmerman-trial/index.html
View Full Essay

Functions of Due Process in the Criminal Law System

Words: 1635 Length: 5 Pages Document Type: Essay Paper #: 97962405

Criminal Law Due Process

Due process is an essential guarantee of basic fairness for citizens based on law. It has two basic goals; to produce accurate results through fair procedure to prevent wrongful deprivation of interests and to make people feel the government treated them fairly by listening to their side of the story (Procedural Due Process). Due process requires fair procedures when governments take actions against citizens, whether it is the federal government or a state government that is taking action.

Due process is divided into two categories, substantive due process and procedural due process (Due Process of Law - Substantive due Process, Procedural Due Process, Further Reading, 2013). Substantive law creates, defines, and regulates rights. Substantive due process makes the laws that give rights to citizens by due processes. Procedural law enforces those rights or seeks redress for violation of those rights. Evidence presented against a citizen will…… [Read More]

Bibliography

Criminal Procedure. (2010, August 19). Retrieved from Cornell University Law School: http://www.law.cornell.edu/wex/criminal_procedure

Due Process of Law - Substantive due Process, Procedural Due Process, Further Reading. (2013). Retrieved from JRank:  http://law.jrank.org/pages/6315/Due-Process-Law.html 

Fifth Amendment. (n.d.). Retrieved from Cornell University Law School: http://www.law.cornell.edu/we/fifth_amendment

Procedural Due Process. (n.d.). Retrieved from University of Missouri:  http://law2.umkc.edu/faculty/projects/ftrials/conlaw/proceduraldueprocess.html
View Full Essay

Gilbert's Summaries Contracts the Law

Words: 5347 Length: 18 Pages Document Type: Essay Paper #: 78221030

Not all offense levels are entitled to a jury trial and each jurisdiction has its own standard in this regard. As a general rule, however, any offense involving the possibility of incarceration as a sanction is entitled to the benefit of a jury trial. This same standard is applicable, as well, to the right of every defendant to be represented by counsel. In all cases, regardless of the seriousness of the offense, the rules of criminal procedure grant the defendant the right to confront any and all witnesses involved in the formation of the charges against him. This right includes the right to cross-examine all such witnesses and to require their attendance at trial through the use of a subpoena.

The distinguishing factor that separates criminal trials from civil ones is the burden of proof. Criminal Procedure in all U.S. jurisdictions requires that guilt in the criminal court is based…… [Read More]

View Full Essay

Impact of Neoliberalistic Legal Concepts on Nations With Distinct Legal Tradition Socialist Civil Common

Words: 3886 Length: 14 Pages Document Type: Essay Paper #: 86626796

Neo-Liberalistic Legal Concepts on Nations ith Distinct Legal Tradition (Common, Civil, Socialist)

This review of the related literature focuses on broad definitions of the law as historically legislated and then as practiced in three countries: Malaysia, Indonesia and China. Common law, civil law and socialist law will be defined separately and then as they each apply to the country which has used that system as its focus for legal practice. The effect that neo-liberalism had after the Asian financial crisis on these three nations will be then be examined. Finally, this review will determine if there has been a change post-crisis in merger and acquisition or public finance law.

Definitions

It is necessary to begin by defining terms that will occur throughout this review. The three systems of law to be initially discussed in the review are common law, civil law and socialist law. Of course, many dispute the fact…… [Read More]

Works Cited

Agami, Abdel M. "The Role that Foreign Acquisitions of Foreign Companies Played in the Recovery of the Asian Financial Crisis." Multinational Business Review 10, no. 1 (2002): 11-17.

Batra, Madan M. "The Dark Side of International Business." Competition Forum 5, no. 1 (2007): 306-313.

Berman, Alan. "The Anwar Saga: Sexuality and Politics in Contemporary Malaysia." Gay & Lesbian Issues and Psychology Review 4, no. 3 (2008): 188-193.

Chan, Anita, and Jonathan Unger. "A Chinese State Enterprise Under the Reforms: What Model of Capitalism?" The China Journal 62 (2009): 1-15.
View Full Essay

Wills Outline of Gilbert Law

Words: 3832 Length: 10 Pages Document Type: Essay Paper #: 60528103



E.

Revival of revoked wills. In most cases, a revoked will is not revivable unless it is reexecuted or revived by codicil; however, if a revoked will was destroyed, it cannot be revived in this fashion.

F.

Dependent relative revocation. These are mistakes of law made by the testator concerning the disposition of property that can be disregarded in the administration of a will.

Components of a Will

A.

Integration. This term refers to the collation of various sheets of paper into a cohesive whole which constitutes a single, entire will which is executed via a single act.

B.

Incorporation by reference. A majority of states allow documents that were not integrated into the single, entire will to receive the same force and effect by referencing them in the will.

C.

Facts of independent significance. This term refers to the description of intended beneficiaries or bequests in a will that…… [Read More]

View Full Essay

Origins and Characteristics of the Law and Legal Systems of the United States

Words: 2347 Length: 9 Pages Document Type: Essay Paper #: 70263546

Origins and Characteristics of the Law and Legal Systems in the U.S.

The Origins and Characteristics of the Law

and Legal Systems in the United States

The origins and characteristics of the law and legal systems of the United States

It is a commonplace observation to state that the Declaration of Independence and The Constitution of the U.S. are the origin of and provide the characteristics of the legal systems of the U.S. But in order to truly understand the ideas behind these landmark legal documents one must delve deeper into history. What of the texts that influenced America's Founding Fathers? Most may know that the Magna Charta, the English charter from the year 1215, was an influence. But the English weren't the only influential opinion-makers for revolutionary Americans. The Scottish and the French were too. The Scottish Declaration of Arbroath, for example, has been linked by scholars as an…… [Read More]

REFERENCES

1. The Inheritance of Rome, Chris Wickham, (Penguin Books Ltd. 2009)

2. John Adams, by David McCullough, (Simon & Schuster, 2001).

3. Inventing America, by Gary Wills, (1978)

4. The Scottish Invention of America, Democracy and Human Rights, by Robert Munro, et al. (2004, University Press of America.)
View Full Essay

Canadian Business and the Law Does Canada

Words: 2218 Length: 8 Pages Document Type: Essay Paper #: 25541670

Canadian Business and the Law

Does Canada have too much business law?

This is paper is based on the Canadian business law and all the information so mentioned are related to the book titled "Canadian Business and the Law" which is written by authors Dorothy DuPlessis, Steven Enman, Sally Gunz and Shannon O'Byrne. This text forms the single source of reference for this study.

Two topics will be discussed based on what this paper is about, and they will include; the most important aspects of the Canadian legal system for businesses operating there and secondly the relationship between business ethics and the law in business in the Canadian context.

Important aspects of the Canadian legal system for business

It is always an important topic when discussing about doing business in Canada; the legal system has a very huge impact on commerce in the country and generally it influences on how…… [Read More]

Work Cited

DuPlessis D., Enman S., Gunz S., O'Byrne S., (2011), Canadian Business and the Law, Nelson Education Ltd., pp 5-110
View Full Essay

United States Has Had Varying Sales Laws

Words: 2193 Length: 7 Pages Document Type: Essay Paper #: 23945352

United States has had varying sales laws across its states thus making interstate sales contracts difficult to initiate and monitor. In this regard, following the increasing complexity of these contracts, attempts were made to create a multidisciplinary body of regulations regarding business transactions; this led to UCC's formation in the 1940s. Therefore, this paper highlights scenarios where the regulations outlined in the UCC are applicable.

Maurice Suing the Developer

Merely because the developer plans to adjoin his property with Maurice's does not make Maurice liable to sue him. By acting upon the developer's claim, Maurice is likely to sue for reliance; the promise that once the developer's property comes next to his, he will reap benefits but the developer changes his position. Maurice's reliance is not reasonable since he never had a contract with the developer; by the basis of adjoining his property with Maurice does not make the developer…… [Read More]

Reference

Kubasek, N., Browne, N.M., Giampetro-Meyer, A., Barkacs, L., Herron, D., Williamson, C., et al. (2012). Dynamic Business Law, 2nd Edition. McGraw-Hill Higher Education.
View Full Essay

Business Employment Law Hernandez v

Words: 1882 Length: 5 Pages Document Type: Essay Paper #: 5264679

It is hard to argue with the legitimacy of that consideration.

Employees have a reasonable expectation of privacy in the workplace, but that right has limits. Employers are not prevented from conducting some hidden surveillance in an employee's office as long as it is for legitimate business concerns. An employer may have sound reasons for monitoring the workplace and an intrusion upon the employee's reasonable privacy expectations may not be actionable under certain circumstances.

The impact of this case is simply that while employees do have a right of privacy at work from the outside world, they don't necessarily have that right from their employers. Employers have the right to defend and maintain their business enterprise and if that entails using hidden cameras or surveillance equipment, then the Court has said that they can do this. The sticking point is that it has to be done if a reasonable manner…… [Read More]

View Full Essay

Acquisition Law

Words: 667 Length: 2 Pages Document Type: Essay Paper #: 7440148

Acquisition Law on the Motorways

According to the Uniform Commercial Code (UCC), the sales transaction of a $60,000 Corvette automobile is a valid agreement to contract based on the material term of the bargained for exchange, with definite terms of recovery where not fulfilled by both parties. Definition of the contract as 'formal' is assumed here, yet other negotiable instruments and letters of credit may be involved where the Buyer stipulates inclusion of a third party lender in support of payment on the contract to the Offeror in full. The unknown factor related to the third party terms and enforceability is included as mention, rather than rule due to omission.

The UCC stresses bilateral agreement over unilateral promise, delineated by "manner of acceptance," in that it states that "the bargain of the parties in fact as found in their language or by implication from other circumstances including course of dealing…… [Read More]

References

Perillo, J.M. (2003). Contracts Hornbook, 5th Edition. Eagan, MN: West.

Perillo, J.M. And Bender, H.H. (2007) Calamari's Cases and Problems on Contracts CPC, 5th Edition. Eagan, MN: West.
View Full Essay

Company Law Once a Public Company Is

Words: 1537 Length: 5 Pages Document Type: Essay Paper #: 71797721

Company Law

once a public company is incorporated all duties of the promoter and potential liabilities end, including any regarding a pre-registration contract as per s 131 Corporations Act 2001. Discuss the truth of this statement

It is essential to define the term in discussion and its relation to the subject at hand. Who is this promoter? The promoter is not fixed into a definition within the Corporations Act nor within the confines of common law. However, the court recognizes the promoter as a term used in business. Therefore, the term promoter has a vast meaning that enables it to allow flexibility for persons within the scope of law on promoters. Promoters are the persons actively involved in the process of founding a company (Symon, 2006 p 19). The typical duties of the promoter include the ability to negotiate preliminary agreements and construction of the constitution for the company. They…… [Read More]

References

Australia. (2013). Australian corporations & securities legislation 2013. Volume 2. Volume 2.

North Ryde, N.S.W., CCH Australia.

Australia. (2009). Australian corporations & securities legislation 2009. North Ryde, N.S.W.,

CCH Australia.
View Full Essay

Business Law and Enforcing Contracts

Words: 1016 Length: 3 Pages Document Type: Essay Paper #: 87990401

Whichever party files the claim has the initial burden to establish that a valid contract existed (Halbert & Ingulli, 2009). In that regard, any credible evidence such as a tape recording of the original telephone call or of any subsequent calls referring to the existence of the agreement will suffice to establish the existence of a valid enforceable verbal contract for services to be provided by Eddie. Credible testimony in court from witnesses who actually heard the conversation or to whom either party admitted the existence of the agreement would also establish the existence of a valid and enforceable contract (Halbert & Ingulli, 2008).

If Eddie breaches, Grace would be seeking the remedy of the compensation for any benefit of the bargain lost, such as where she subsequently ends up paying more for the same services. If Grace breaches, Eddie would be seeking his lost profit from the sale of…… [Read More]

References

Friedman, L.M. (2005). A History of American Law. New York: Touchstone.

Halbert, T., and Ingulli, E. (2008). Law & Ethics in the Business Environment.

Cincinnati, OH: West Legal Studies.
View Full Essay

English Legal System the Law

Words: 2141 Length: 6 Pages Document Type: Essay Paper #: 96673053

For example, the Parliament passed the "Year and a Day ule" Act in 1996 that changed the previous murder and manslaughter law that specified that a person could be charged with murder or manslaughter if the victim died within a year and a day of receiving his injuries. The change was made to reflect modern development in medical science, which enabled injured people to remain alive for longer periods.

Changes in the UK laws have also reflected the growing strength of the egalitarian ideal over the last two centuries. It has led to changes in laws that have encouraged the gradual emancipation of married women and the prohibition of discrimination based on race or sex. For instance, an old law applicable until recently did not allow married women to refuse sex with her husband. However, in . v (1991), the House of Lords decided that if a wife did not…… [Read More]

References

Atiyah, P.S. (1995). Law and Modern Society (2nd ed.). Oxford, UK: Oxford University Press

Harris, P. (2007). An Introduction to Law (7th ed.). Cambridge, UK: Cambridge University Press

Martin, J (2005). The English Legal System (4th ed.). London, UK: Hodder Arnold

Lord Justice Coke described customs as "one of the main triangles of the laws of England" (Martin, 14). Others dispute this theory and contend most of the "customs" were in fact invented by the judges themselves.
View Full Essay

Damages the Law of Damages

Words: 2998 Length: 9 Pages Document Type: Essay Paper #: 65478848

Under tort law, injured parties are entitled to compensatory damages which include both general damages for pain and suffering and disfigurement and special damages which include payment for loss of past and future earnings and past and future medical expenses. The awarding of compensatory damages is totally within the discretion of the jury. Under the common law, the plaintiff is entitled to a single lump sum payment. Some states have begun to limit the amount that plaintiffs can receive as a result of a personal injury or wrongful death due to the present political unpopularity of personal injury actions.

Other affected by the losses caused by personal injury actions are also entitled to seek recovery. Some examples of such individuals include spouses, children, employers of the injured party. The damages available for such individuals vary depending on the circumstances of the relationships and how the relationship is affected.

VIII. Fraud…… [Read More]

View Full Essay

Australian Law on Torts and

Words: 5206 Length: 17 Pages Document Type: Essay Paper #: 57106443

This provision is based on the rationale that general damages do not represent financial loss to the injured person. A number of changes have also been made to the law in respect to assessment of damages for past and future economic loss.

4. The maximum amount of damages for economic loss due to loss of earnings or the deprivation or impairment of earning capacity is fixed at a rate of three times the average weekly earnings in New South Wales for the most recent quarter occurring before the date of the award.

5. Future economic loss predictions, for the purpose of making an award, must be based on assumptions that accord with the claimant's most likely future circumstances but for the injury. If the court makes an award for future economic loss, it must adjust the amount determined by reference to the percentage possibility that, but for the injury, certain…… [Read More]

References

Amponsah, P.N. 2004. Libel Law, Political Criticism, and Defamation of Public Figures: The

United States, Europe, and Australia. New York: LFB Scholarly Publishing.

Bailey, R.J. 1976. "Trespass negligence and Venning v Chin." The Adelaide Law Review, vol. 5,

no. 4, pp. 402-427.
View Full Essay

Gilbert Law Evidence Gilbert Law

Words: 3911 Length: 8 Pages Document Type: Essay Paper #: 28128338

This type of evidence includes perception and memory, is subjective, and can be inaccurate. Almost all evidence must be sponsored by a witness who has sworn or solemnly affirmed to tell the truth. All persons are presumed to be qualified to serve as witnesses in trials and other legal proceedings, and all persons are also presumed to have a legal obligation to serve as witnesses if their testimony is sought. Witnesses are generally required to give their testimony in the form of statements regarding what they saw, heard, felt, tasted, or smelled, and they are generally forbidden to express opinion or draw conclusions. A person who is not testifying as an expert will be allowed to present an opinion as testimony if his opinion is both rationally based on his perception and helpful to an understanding of his testimony. Opinions of a competent layperson are specifically permitted by rule, statute,…… [Read More]

Bibliography

Waltz, Jon R. And Park, Roger C. (1998) Gilbert Law Summaries: Evidence. 17th Edition. New York: Harcourt Brace Legal and Professional Publications.
View Full Essay

Exxon Valdez Case Analysis Common

Words: 3133 Length: 10 Pages Document Type: Essay Paper #: 72188550

Like most litigations on such complicated issues the company had little to do but show reasonable accommodation, adopt better surface practices and wait out a lengthy period before their liability was reduced substantially by the courts.

Ethical analysis:

The key ethical issues of the case are pretty clear, did the captain knowingly endanger the environment by continuing to retain his position and navigate tankers through the area and did the company know that such was the case. Both ethical dilemmas are clear and were ruled upon by many hours of court time and subsequent appeals, though the final Supreme Court ruling on Exxon's liability for the spill was split 4:4 every other deciding body laid full responsibility on Exxon's lap. ("Exxon Valdez Damages educed," June 2008, NP). An additional ethical issue, though much less openly understood or known by the average American is weather it was ethical to pay fishermen…… [Read More]

References

Feinman, J.M. (2000). Law 101: Everything You Need to Know about the American Legal System. Oxford: Oxford University Press.

Exxon Valdez Damages Reduced," June 2008, Business Law Prof Blog Retrieved November 18, 2008. http://lawprofessors.typepad.com/business_law/2008/06/on-wednesday-th.html

Greely, J. (1989, May 29). Alaska over the Barrels: The Spills and Spoils of Big Oil. The Nation, 248, 721.

Jasanoff, S. (2006) "Transparency in Public Science: Purposes, Reasons, Limits." Law and Contemporary Problems 69.3, 21.
View Full Essay

Criminal Justice Stand Your Ground Law

Words: 2875 Length: 8 Pages Document Type: Essay Paper #: 394378

Of even more significance is that twelve states go ahead to extend litigation costs and attorney fees "to a shooter who prevails in a civil lawsuit, creating a strong disincentive for a shooting victim to pursue justice in the civil system" (Mayors against Illegal Guns 6)

The Reach of Stand Your Ground Law

Although the Stand Your Ground Law is largely and extensively linked to Martin's case, a 2012 investigation by Tampa Bay Times revealed that "the Martin incident is far from the only example of the law's reach" (Lee). The relevance of this law as a major factor in judges' decisions, acquittals, and prosecutors' decisions, some of which involved cases that did not result in the victim's death, cannot be overstated (Lee).

In 2012, a Louisiana court acquitted Byron Thomas of all charges relating to an incident in which the 21-year-old, after a marijuana transaction turned sour, opened fire,…… [Read More]

Works Cited

Gardner, Thomas and Anderson Terry. Criminal Law. Stamford: CT: Cengage Learning, 2014. Print.

Havis, Devonya. Pursuing Trayvon Martin: Historical Contexts and Contemporary Manifestations of Racial Dynamics. Ed. Yancy George and Jones Yanine. Plymouth: Rowman & Littlefield, 2013. Print.

Lee, Suevon. "Five 'Stand Your Ground' Cases You Should Know About." Pro-Publica, 2012. Web. http://www.propublica.org/article/five-stand-your-ground-cases-you-should-know-about

Mayors against Illegal Guns. "Stand Your Ground Laws and Their Effect on Violent Crime and the Criminal Justice System." Mayors against Illegal Guns, 2013. Web. 8 May 2014  https://s3.amazonaws.com/s3.mayorsagainstillegalguns.org/images/ShootFirst_v4.pdf
View Full Essay

International Business Law There Are

Words: 3545 Length: 12 Pages Document Type: Essay Paper #: 61003035

In this particular case all three apply, because the Lloyds would take advantage of the age of the elder undy to exert pressure on him to sign the note.

Description of How the Law Applied to the Facts

The court applied four factors of the law to this case these include: that terms of the agreement were unfair, there were undue amount of pressure exerted, undy's bargaining power was severely limited and there was a lack of having independent financial advice. Together, these different principals of the law would lead the court to determine that an inequality of bargaining power existed. Under these different areas, undy was not of sound mind to make an accurate determination as to what was the right decision. Under the principals of English law, one is not obligated to agreements that were made without independent financial advice and there was property that was transferred. In…… [Read More]

Bibliography

Carr, Christopher. 'The Inequality of Bargaining Power.' (1975) 38 Modern Law Review, 4, 463 -- 466.

Giles, Peter. Concise Contract Law.(1988) [188 -- 190].

Irving, Shae. Nalo's Encyclopaedia of Everyday Law. (2008).

Waddam, S. Case Materials and Contracts. (2005) [604 -- 609].
View Full Essay

Business Foundations of Business Law

Words: 1502 Length: 4 Pages Document Type: Essay Paper #: 24506330

If a person to whom a ring is given can prove all three of these elements, then a court is likely to deem the ring to be a gift. Thus Heathcliff would have no claim to the ring at a future date in time.

eferences

"Alternative Dispute esolution - Guide to Alternative Dispute esolution Law," 2010, viewed 25 August 2010,

"Australian Family Law," 2010, viewed 25 August 2010,

< http://www.familycourt.gov.au/wps/wcm/connect/FCOA/home/about/FCoA/AFL_Overview>

"Australian Legal System Lecture 2 Case Law," n.d., viewed 25 August 2010, < http://www.google.com/url?sa=t&source=web&cd=9&ved=0CDEQFjAI&url=http%3A%2F%2Fwww.scribd.com%2Fdoc%2F36157559%2FTopic-2-The-Australian-Legal-System-20209&rct=j&q=Australian%20Legal%20System%20Lecture%202%20Case%20Law%20&ei=Njp1TI-AG4GAnwf3lI2kBg&usg=AFQjCNF4mVEaS2T-O84YTsbnHjkBn2TLGw&cad=rja>

"Lecture Five: Principle of Precedent," n.d., viewed 25 August 2010,

"Marriage Act,"1961, viewed 25 August 2010, < http://www.austlii.edu.au/cgi-bin/sinodisp/au/legis/cth/consol_act/ma196185/s111a.html?stem=0&synonyms=0&query=s111A>

"Top 2 The Australian Legal System," n.d., viewed 25 August 2010, < http://www.scribd.com/doc/36157559/Topic-2-The-Australian-Legal-System-20209>… [Read More]

References

"Alternative Dispute Resolution - Guide to Alternative Dispute Resolution Law," 2010, viewed 25 August 2010,

"Australian Family Law," 2010, viewed 25 August 2010,

< http://www.familycourt.gov.au/wps/wcm/connect/FCOA/home/about/FCoA/AFL_Overview>

"Australian Legal System Lecture 2 Case Law," n.d., viewed 25 August 2010, < http://www.google.com/url?sa=t&source=web&cd=9&ved=0CDEQFjAI&url=http%3A%2F%2Fwww.scribd.com%2Fdoc%2F36157559%2FTopic-2-The-Australian-Legal-System-20209&rct=j&q=Australian%20Legal%20System%20Lecture%202%20Case%20Law%20&ei=Njp1TI-AG4GAnwf3lI2kBg&usg=AFQjCNF4mVEaS2T-O84YTsbnHjkBn2TLGw&cad=rja>
View Full Essay

People Obey or Disobey the Law Many

Words: 1282 Length: 4 Pages Document Type: Essay Paper #: 32066236

people obey or disobey the law?

Many individuals are inclined to feel that the modern society is too rigid and controlling because of the numerous laws that have been imposed through the years. These people consider that humanity was meant to be free and that a free society would function much better than one that obliges its members to take on particular attitudes. However, the truth is that humans are probable to trigger chaos if they are not controlled by a solid system of legislations. This means that a healthy social order would have to understand and respect laws in order for people to be able to live in peace.

Although law is one of the principal tools that assisted mankind in experiencing progress, many communities in the contemporary society have differing understandings of particular laws. hile it might seem that the whole world can act in agreement with a…… [Read More]

Works cited:

Atkins Edmundson, William, "The Duty to Obey the Law: Selected Philosophical Readings," (Rowman & Littlefield, 1999 )

Morris, Stewart, "Do we have an obligation to obey the law?," Retrieved October 29, 2012, from the Stewart Morris Website:  http://www.stewartmorris.com/essays/05runciman4.pdf 

Tyler, Tom R., "Why People Obey the Law," (Princeton University Press, 17.04.2006)

"ARE HUMAN RIGHTS UNIVERSAL?," Retrieved October 29, 2012, from the Danish Institute for Human Rights Website: http://www.humanrights.dk/human+rights/history+and+documents/are+human+rights+universal-c7-
View Full Essay

Historical Influence on Current Criminal Law

Words: 1792 Length: 4 Pages Document Type: Essay Paper #: 55272342

criminal justice. Each question must be 300 words long.

Identify the requirements for the insanity plea in your jurisdiction and contrast this with the M'Naghten standard, the Brawner standard, ALI standard, and the Durham rule. Identify similarities and differences. Support you response with examples from your research and reading assignment.

In the 1843 case of the United Kingdom House of Lords Decisions of Daniel M'Naghten's, the court determined that an insanity plea to would hinge on whether the defendant knew what he was doing, or, if he did know what he was doing, did he know that it was wrong. In 1972,the U.S. v. Brawner case in the D.C. Circuit Court of Appeals determined not to involve the jury in the determination of the defendant's mental state. This decision was grounded in the ALI test of a Model Penal Code. The Brawner rule overturned the Durham Rule, which was overly…… [Read More]

View Full Essay

Australian Company Laws

Words: 1561 Length: 4 Pages Document Type: Essay Paper #: 39321833

Company Law in Australia

Corporate governance related regulations in Australia are relatively similar to those in the United Kingdom. This is primarily because Australia's Corporations Act of 2001, which is the major corporate governance related regulations, has traditionally borrowed greatly from the United Kingdom company law, especially the Companies Act of 2006. Australia has relatively borrowed heavily from the United Kingdom company law as part of progress towards modernizing the country's statutes on corporate governance. Moreover, these attempts towards modernizing corporation statutes in Australia contributed to the development of a legal structure that currently comprises one national law, which is known as the 2001 Corporations Act. Similar to other Australian corporations laws, the Corporations Act 2001 is administered by the Australian Securities and Investments Commission, which is the national regulatory authority. There are several differences between corporations laws in Australia and those in the United Kingdom despite the heavy borrowing…… [Read More]

References:

Commonwealth Consolidated Acts n.d., Corporations Act 2001 -- Sect 201H, Australasian Legal

Information Institute, viewed 19 December 2014,

Dermansky, P n.d., Should Australia Replace Section 181 of the Corporations Act 2001 (Cth)

with Wording Similar to Section 172 of the Companies Act 2006 (UK)? Melbourne Law School, viewed 19 December 2014,
View Full Essay

Employment Laws in the United Kingdom

Words: 3644 Length: 9 Pages Document Type: Essay Paper #: 68780965

The author of this report will offer a summary of two important laws and regulations when it comes to employment in the United Kingdom. Those two pieces of law will be the Employment Rights Act of 1996, commonly known as ERA 1996, and the Equality Act of 2010, commonly known as the EA 2010. For both laws, the particulars, specifics and common requirements for all parties involved, both employee and employer, will be covered. While the two laws covered in this report were pass nearly a generation apart, both of them hold a very important place in the employment law paradigm in the United Kingdom.
Employment Rights Act of 1996

Scope & Summary

There are several important requirements and regulations when it comes to the Employment Rights Act of 1996. When an employee starts work with an employer, they are obligated to get a summary of terms and requirements. As…… [Read More]

View Full Essay

criminal law cases analysis

Words: 1860 Length: 5 Pages Document Type: Essay Paper #: 67234779

State v. Stark (1992)

Mr. Stark was the defendant in this case which concerned her action of infecting three women with HIV sexually. He tested positive for HIV, which was then confirmed twice by doing two other independent tests. As an ordinary procedure, Stark was taken through counseling sessions to make him aware of the risk involved in handling HIV. He was informed about the risk of the disease spreading and the importance of making his partner aware before having any sexual escapades with her. However, he disregarded this advice and this came to the knowledge of the county health officer who sought a cease and desist order as allowed by the state statute. Stark did not comply. The officer then asked for judicial enforcement and later filed a police report about the matter.

The police obtained evidence in form of testimony from the three victims who confirmed that they…… [Read More]

View Full Essay

Ethics Law

Words: 685 Length: 2 Pages Document Type: Essay Paper #: 85624723

Legal Ethics Surrounding the Love Canal Tragedy

Love Canal Law/Ethics

In 1979, the U.S. Environmental Protection Agency (EPA) filed a lawsuit against Hooker Chemical Company and its parent corporation, Occidental Petroleum (EPA, 1979). The Department of Justice (DOJ), acting on behalf of the EPA, charged these corporations with creating an imminent and substantial danger to health and the environment, by violating the esource Conservation and ecovery Act, Clean Water Act, Safe Drinking Water Act, efuse Act, and the common law of nuisance. In 1995, 16 years after the suit was filed, Occidental agreed to pay the requested amount for cleanup and resident relocation costs (DOJ, 1995).

Congress reacted to the environmental and health disaster by enacting Superfund legislation, which contained a provision making polluters retroactively liable. However, the concept of retroactive liability has been a source of controversy for legal and ethical reasons. This essay will examine the legal/ethical issues…… [Read More]

References

DOJ (U.S. Department of Justice). (1995). Occidental to pay $129 million in Love Canal settlement. Justice.gov. Retrieved 16 Nov. 2012 from http://www.justice.gov/opa/pr/Pre_96/December95/638.txt.html.

EPA (U.S. Environmental Protection Agency). (1979). U.S. sues Hooker Chemical at Niagara Falls, New York. EPA.gov. Retrieved 16 Nov. 2012 from http://www.epa.gov/history/topics/lovecanal/02.html.

Lercher, Aaron. (2004). Is anyone to blame for pollution? Environmental Ethics, 26, 403-410.

Regional Institute. (2008). Policy Brief: Thirty years from Love Canal. Institute.Buffalo.edu. Retrieved 16 Nov. 2012 from http://regional-institute.buffalo.edu/Includes/UserDownloads/PolicyBrief_LoveCanal_Aug08.pdf.